Section 20-103 - Abortion. - Maryland Statutes

§ 20-103. Abortion.
 

(a)  Notice required.- Except as provided in subsections (b) and (c) of this section, a physician may not perform an abortion on an unmarried minor unless the physician first gives notice to a parent or guardian of the minor. 

(b)  Incomplete notice.- The physician may perform the abortion without notice to a parent or guardian if: 

(1) The minor does not live with a parent or guardian; and 

(2) A reasonable effort to give notice to a parent or guardian is unsuccessful. 

(c)  Waiver of notice authorized.-  

(1) The physician may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the physician: 

(i) Notice to the parent or guardian may lead to physical or emotional abuse of the minor; 

(ii) The minor is mature and capable of giving informed consent to an abortion; or 

(iii) Notification would not be in the best interest of the minor. 

(2) The physician is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice. 

(d)  Evidence of notice.- The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be. 

(e)  Notice prohibited.- A physician may not provide notice to a parent or guardian if the minor decides not to have the abortion. 
 

[An. Code 1957, art. 43, § 135; 1982, ch. 21, § 2; 1983, ch. 563; 1991, ch. 1.]